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This article is written by Shweta Srivastava, of Trinity Institute of Professional Studies, collage an intern under Legal Vidhiya

ABSTRACT

In contemporary society, characterized by a relentless pace, numerous transformations have transpired. The populace has adapted to the evolving landscape; while many of these changes have been beneficial, contributing to the development of nations such as India, there are also numerous other transformations that warrant attention. One notable shift is evident in the patterns of criminal activity. Crimes are no longer merely overt transgressions, with evidence readily apparent. Rather, they have evolved into more intricate and insidious manifestations. One notable illustration of such manifestations may be digital evidence, which can serve as an invaluable asset in unraveling a case. However, it can also pose significant challenges when such evidence is not readily accessible.

INTRODUCTION

Evidence is the key to solving any case, when any crime happens, the first and the foremost thing to look for is the evidence that may take us to the details of the crime, or to solve the crime, as per the BSA[1] evidence means and includes both oral and written evidence as it includes – all the statements including any statements that are given electronically which has been permitted by the court to be given before it by the witnesses as regards to the matter of fact under inquiry or any other matter that may be related to the fact in issue, and it also includes any document, including the digital or electronic evidence that may be asked to be produced before the court for inspection. Hence, the BSA includes within the definition of evidence both the oral and documentary evidence and also the “Digital/Electronic Evidence.”

Now, the importance of an evidence is judged by the relevancy and the reliability of an evidence. If a particular evidence is related to the fact in issue, it is said to be a relevant fact, because it may draw a close inference to the main facts, i.e., the facts in issue, and similarly, a fact will be said to be a reliable evidence, only if it matches the criteria as follows, i.e., if an evidence is consistent, accurate and can be trusted to represent the truth on the basis of the source of evidence.

Now, one aspect that warrants attention in the definition is the incorporation of digital evidence within the scope of the term “evidence.” This implies that, in the event of any criminal activity, authorities must diligently pursue all forms of evidence, encompassing not only tangible records or physical evidence but also digital/ electronic records.

Along with the BSA, the other act that governs the electronic or the digital records is the Information Technology Act, 2000.

INFORMATION TECHNOLOGY ACT, 2000

The IT Act of 2000 serves to confer legal recognition upon all transactions conducted via electronic data interchange and other forms of electronic communication, commonly known as “electronic commerce.” The original statute comprises 94 sections, organized into 13 chapters and 4 schedules, of which the 3rd and 4th schedules were subsequently omitted. This act is applicable throughout the entire territory of India. It establishes a legal framework for electronic governance by granting legal validity to electronic records and digital signatures. Furthermore, it delineates various cyber crimes and stipulates the corresponding penalties for such offenses.

A major amendment in the Act, took place in the years 2008, where many sections were altered, one of the sections it introduced was the Section 66A which penalized the sending of “offensive messages”. It also introduced section 69, which gave the authorities the power of interception or monitoring or decryption of any messages / information through any computer resource. Additionally, it also included provisions addressing pornography, child porn, cyber terrorism and voyeurism.

The Information Technology Act, maintains a close focus on digital working of the system of the system, the need for this arises from the digital transformation of the different spheres of the working sectors.

– Rationale for Studying Digital Records Under IT Act, 2000- The Act provides legal recognition to the electronic records that results in the growth of e-commerce and the variety of digital transactions in India. With the rapidly growing society, where almost every sort of transactions can be done just by  one click of the fingers, digital transactions, record have gained popularity, hence, IT act provides a properly formulated legal framework for the same, so as to maintain the reliability and admissibility of such records in case such situation arises.

Importance of Digital Transformation– The digital transformation is crucial for businesses, governments, and even in the fights against crime. In businesses, it enhances efficiency and productivity among the masses by streamlining operations and automating the tasks, promotes innovation and growth and allows businesses to collect and analyze vast amounts of data, enabling them to make an informed decision.

For Governments, digital transformation helps to maintain improved service delivery, better resource management and also promotes citizen engagement which helps in improving the services to the citizens.

In Crime Solving, digital transformation helps to maintain enhanced investigative capabilities, improved forensics and also helps in prevention of crime, it also helps in reduced administrative burden, Hence, all-in-all it can be said that the digital transformation is the need of the hour for achieving the much awaited goal of “Viksit Bharat”.

DIGITAL RECORDS

Records can be preserved in a myriad of ways; however, during earlier times, they were primarily maintained in a tangible format that was readily accessible. Consequently, many of the antiquated documents continue to exist solely in their physical form. But, as the society progressed, the use of computers and other digital platforms emerged and with that people started storing majority of the data online, and by data, it doesn’t only means to include pictures, documents, but now-a-days, even the monetary transactions are to a great extent have been digitalized, hence, it can be said that majority of the records of the vast population is stored in a digital manner only, that is readily accessible to all.

IT Act makes provision for Electronic/ Digital Records, according to which the Electronic or the Digital Record has been defined[2] as, “including any data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche”.

LEGAL RECOGNITION UNDER THE IT ACT, 2000

The IT Act, makes provision for the Digital records as follows-

  1. Section 4– It provides legal recognition to the electronic records as it states that, there in any law for the time being in force, there is any requirement that any Information must be documented in writing, in typewritten format, or in printed form. This requirement shall be considered fulfilled if the information is rendered or made available in an electronic format that is accessible and usable for subsequent reference.
  2. Section 5– This section provides a recognition to the electronic signatures, that where any document is required to be signed or any signature has to be affixed on any document, then such requirement shall be deemed to be fulfilled is the information or the matter is authenticated in the manner as was prescribed by the central government.
  3. Section 6 and 7– Section 6 of the IT Act, 2000, addresses the utilization of electronic records and signatures within governmental institutions and their agencies. It facilitates the online submission of documents, the issuance of licenses and approvals, as well as electronic remittance of fees, thereby supplanting traditional paper-based methodologies. Section 7 of the IT Act, 2000 addresses the retention of electronic records, stating that if a law requires documents or records to be retained for a specific period, that requirement is met if the records are retained in electronic form, provided they are accessible for future reference.

Other than the IT Act, 2000, the digital records have also been given a recognition under the Bharatiya Sakshya Adhiniyam, 2023[3], which basically highlights the expanded scope and also the conditions that needs to be fulfilled regarding the admissibility of the digital evidence. In the case of Anvar PV v. PK Basheer[4], it was underscored that for any electronic evidence to be deemed reliable, it must be properly authenticated. The stipulation regarding certification is not merely directory; rather, it constitutes a mandatory requirement that must be adhered to by the authorities. Failure to comply with this provision will result in the evidence being rendered unreliable.

ROLE OF DIGITAL RECORDS IN E- GOVERNANCE AND DIGITAL INDIA

The Digital records have paved a way to not only the day-to -day activities of the individuals, but to a greater extent has now become a part of the newly emerged E- governance and a vision of Digital India, which basically are an intertwined initiatives that are focused on transforming India into a digitally empowered nation.E- governance is basically intended towards using technology to enhance government services, making them more efficient and citizen focused, aiming to provide the government services at the click of the fingers, making it possible for any person living in any corner of the country to avail the government services. Now, this vision of Digital India and E- Governance is now available by the way of different online portals, E-KYC, E- signatures and Adhaar -Card linked documentation and online filing.

In contemporary society, the strides towards e-governance are evident in the introduction of paperless budgets. Not only have governance systems undergone digital transformation, but the judicial system, specifically our courts, is also striving for a paperless operational model. These instances underscore the paramount importance of digital records and the meticulous management of such records within a robust legal framework.

CHALLENGES POSED BY DIGITAL RECORDS:-

  1. Security and Privacy – As our society has evolved, so too have the methodologies for perpetrating wrongdoing within it. On one hand, advancements in data storage and security measures have emerged; conversely, so have the techniques for breaching such data. Privacy violations have been perpetrated by various individuals within our community. Consequently, alongside the meticulous management of digital data comes the inherent risks of privacy and security breaches, as these electronic records are exceedingly susceptible to cyber attacks, hacking, and other malicious endeavors that can compromise sensitive information. Furthermore, in the realm of official documentation, particularly concerning financial records maintained in electronic formats, it becomes increasingly challenging to verify the authenticity of such documents.
  2. Management and Accessibility– Even though the digital recording of the data have been hyped up by the young generations of the society, it poses a great amount of difficulty for the older generations, not only that, there is still a great number of people in our community who are not such efficient with the digital recording of the data for whom this process can be tiresome, time-consuming and resource-intensive. Storing records at different places can also complicate retrieval and necessitate consistent storage policies that can be hard for greater masses to manage.
  3. Technological Obsolescence– In an increasingly fast-paced world, swift technological advancements can render obsolete older file formats and software, necessitating greater efforts on the part of individuals. Furthermore, even the slightest software malfunction or cyberattack can significantly jeopardize data integrity.
  4. Digital Divide and Lack of Awareness– Digital Divide basically refers to the gap between those who can use the technology well and those who are not that efficient in making an efficient use of the technological resources. This divide is often exacerbated by the lack of awareness among the masses, this lack of awareness can stem from various factors, including socioeconomic disparities, geographical limitations and insufficient digital literacy, For eg- In India, though the society is progressing and there are many technological advancements being made in various field, there is still a large amount of population, who are not well educated about these developments and many lack the efficiency to make use of this digital transformation.

CONCLUSION

The Information Technology Act, 2000 represents a pivotal advancement in the recognition and legitimization of digital records within the Indian legal framework. By bestowing legal validity upon electronic records and digital signatures, the Act facilitated a seamless transition from traditional paper-based documentation to digital formats, thereby enhancing efficiency, transparency, and security across both public and private sectors. Digital records now assume a critical role in e-governance, online transactions, and secure data management, aligning with the overarching objective of cultivating a digitally empowered society. As technological advancements continue to unfold, the significance of digital records under the IT Act will remain indispensable in upholding legal compliance, ensuring data integrity, and fostering trust in digital communications. As India continues to advance towards a digitally-driven economy through initiatives like Digital India, the role of digital records becomes increasingly central. They support paperless governance, enhance transparency. However, with rapid pace of technological change, continuous updates and reforms in the legal framework are essential to address emerging challenges such as data privacy, cyber security and the use of AI in record-keeping.

In essence, the IT Act, 2000, by empowering digital records with legal validity, has not only modernized the legal system but also paved the way for more inclusive and efficient digital future.


[1]Bharatiya Sakshya Adhiniyam, 2023 , S2(e), No. 47, Act of Parliament, 2023 (India)

[2]Information Technology Act, 2000 , S2(t), No. 21, Act of Parliament, 2000 (India)

[3] Bharatiya Sakshya Adhiniyam, 2023 , S63, No. 47, Act of Parliament, 2023 (India)

[4] Anvar PV v. PK Basheer & Ors 2014 10 SCC 473

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